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Special Needs Trusts, Structured Settlements And Liens  

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Training Course Syllabus:


This seminar is designed for attorneys, trust officers and professional guardians.

As a personal injury case comes to a close, the benefits and dangers of special needs trusts, structured settlements and the resolution of liens often become paramount. Do you know how to protect yourself and your law firm from the liability for a client losing their health insurance as a result of recovering a settlement or award? Do you know how to protect your clients’ public entitlements while still allowing them the benefit of their settlement or award? Do you know when to call in the structured settlement agent and how to protect yourself from liability for negligent referral? Do you know about the long-term financial consequences of the settlement? Why should you care?!

“Special Needs Trusts, Structured Settlements And Liens In Florida” explains why trust drafters, trial lawyers and financial advisers are becoming more and more aware of these “end-of-case” issues. With a “dream team” faculty, this program will teach you the nuts and bolts of special needs trusts, structured settlements and the resolution of liens.

9:00 a.m. - 10:00 a.m.

I. The Bottom Line On SNT’s

10:00 a.m. - 11:00 a.m.

II. Resolution Of Liens And Allocation

Issues

A. Asset Rules

B. Medicare And Medicaid Liens

1. Florida Statute 409.910

2. Florida Statute 409.9101

3. Medicare Liens

4. Subrogation Liens

C. Apportionment Of Liens

11:00 a.m. - 11:15 a.m.

Break

11:15 a.m. - 12:00 p.m.

III. Building Settlement Value By

Maximizing Special Needs Investing

A. Adding Value Through Risk Management

1. Importance Of Asset Allocation

2. Importance Of Rebalancing

3. Importance Of Fiduciary Responsibility

B. Adding Value Through Advice

1. Answering Client Questions, And Creating A Personal Relationship

2. Providing Alternatives To Structured Settlements To Better Educate The Client

3. Providing Customized Advice For Each Individual

C. Adding Value Through Total Financial Management

1. Providing Advice For Liabilities As Well As Assets

2. Providing Adequate Insurance

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:30 p.m.

IV. Advisement Concerning Financial

Settlement Options

A. Ethical Issues

1. Duties Of Advisement?

2. Laws That Impact Settlement

3. ABA Model Rules

4. Mass Tort Application

B. Case Law: Malpractice Liability

1. Grillo Case

2. Lack Of Advisement = Loss/ Damages

C. Ethics And Malpractice Wrap Up

1. Law And Model Rules Creating A Duty

2. A Model Client Advisement Approach

1:30 p.m. - 2:00 p.m.

V. Settlement Malpractice Issues

A. Structured Settlements

1. Constructive Receipt

2. Reducing Default Risk

3. Life Company Ratings

4. Rated Ages

5. Annuity Rates/Cost

6. Estate Tax Considerations

B. Preservation Of Public Benefits

1. Funding An SNT With A Structure

2. NH Claims And Pooled Trusts

2:00 p.m. - 2:45 p.m.

VI. Settlement Solutions To Mitigating

Fiduciary Liability

A. Identify The Problem

1. The Prudent Investor Act

B. Use The Right Tools

1. Using Special Needs Trusts To Mitigate Fiduciary Liability

2. Why Is The Structure Of A Settlement So Important?

3. Modern Portfolio Theory And How It Can Apply To A Settlement’s Structure

C. The Solution To Mitigating Fiduciary Liability

1. Take The Necessary Steps To Fulfill Your Fiduciary Duty

2. Steps Required Of Professionals

3. Contemporary Issues And A Look At The Future

2:45 p.m. - 3:00 p.m.

Break

3:00 p.m. - 3:45 p.m.

VII. Ten Lessons Learned

3:45 p.m. - 4:30 p.m.

VIII. Questions And Answers

Seminar Summary:

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